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~LEASE SUBSTiTUIE FOR PAGE
<br />SUBMITTED WITH DOCKET
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<br />be and the
<br />
<br />or sell, drug paraphernalia, knowing, or under circumstances
<br />where one reasonably s~houtd know that it will be used to plant,
<br />propagate, cultivate, grow, harvest, manufacture, compound,
<br />convert, produce, process, prepare, test, analyze, pack, re-
<br />pack, store, contain, conceal, inject, ingest, inhale or other-
<br />wise introduce into the human body a controlled substance in
<br />violation of this Chapter.
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<br />(c) It is unlawful for any person to place in any newspaper,
<br />magazine, handbill, or other publication any advertisement,
<br />knowing, or under circumstances where one reasonably should know,
<br />that the purpose of the advertisement, in whole or in part, is
<br />to promote the sale of objects designed or intended for use as
<br />drug paraphernalia.
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<br />(d) This section does not apply to manufacturers, practitionerS,''
<br />pharamacists, owners of pharmacies and other persons whose conduct
<br />was in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and
<br />4741. This section shall not be construed to prohibit any possession,
<br />manufacture, or use of hypodermics made lawful by Section 513,04
<br />of the General Offenses Code of the Codified Ordinances.
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<br />(e) Any drug paraphernalia used in violation of this section shall
<br />be seized and forfeited to the Municipality.
<br />
<br />(f) If any provision of this section of the application thereof
<br />to any person or circumstance is held invalid, the invalidity
<br />does not affect other provisions or applications of the section
<br />which can be given effect without the invalid provisions or
<br />application, and to this and the provisions of this section are
<br />severable.
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<br />(g) Whoever violates any of the provisions of paragraphs (a),
<br />(b) or (c) is guilty of a misdemeanor of the second degree.
<br />If the offender has previously been convicted of a violation
<br />of paragraphs (a), (b), or (c), any subsequent violation of the
<br />same paragraph isa misdemeanor of the first degree.
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<br />same is hereby amended to read as follows:
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<br />513.04 POSSESSION, MANUFACTURE, AND SALE OF DRUG PARAPHERNALIA.
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<br />(a) It is unlawful for any person to use, or to possess with
<br />intent to use, drug paraphernalia to plant, propagate, cultivate,
<br />grow, harvest, manufacture, compound, convert, produce, process,
<br />prepare, test, analyze, pack, repack, store, contain, conceal,
<br />inject, ingest, inhale, or otherwise introduce into the human
<br />body a controlled substance in violation of this Chapter.
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<br />(b) It is unlawful for any person to deliver, sell, possess with
<br />intent to deliver or sell, or manufacture with intent to deliver
<br />or sell, drug paraphernalia, knowing that it will be used to
<br />plant, propagate, cultivate, grow, harvest, manufacture, compound,
<br />convert, produce, process, prepare, test, analyze, pack, repack,
<br />store, contain, conceal, inject, ingest, inhale, or otherwise
<br />introduce into the human body a controlled substance in violation
<br />of this Chapter.
<br />
<br />(c) It is unlawful for any person to place in any newspaper,
<br />magazine, handbill, or other publication any advertisement,
<br />knowing that the purpose of the advertisement, in whole or in
<br />part, is to promote the sale of objects designed or intended
<br />for use as drug paraphernalia.
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